합의금 청구의 소
1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) in this court.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts (1) The Defendant (FB) is a corporation with the purpose of food manufacturing and processing business, etc., and the Plaintiff is a person who served as the Defendant’s factory and was dismissed on October 11, 2012, and the Defendant’s representative director was the Plaintiff’s type D.
(2) The Plaintiff and the Defendant recognized that the Plaintiff contributed to the Defendant Company until February 2010, and the Defendant paid KRW 1 billion to the Plaintiff.
(hereinafter referred to as “instant agreement”). (3) The Plaintiff received a total of KRW 520,00,000 from the Defendant from March 9, 2010 to September 4, 2012 as the instant agreement amount.
(4) On the other hand, on July 6, 2007, the defendant purchased 2,898 square meters from E prior to Macheon-si, and on October 29, 2007, the creditor's name was the plaintiff and received an order to prohibit the provisional disposal of the above land (the Government District Court 2007Kadan6364).
On October 11, 2010, the above land was divided into J. E. On October 1, 201, E completed the registration of transfer of ownership (hereinafter referred to as “the ownership transfer registration of this case”) on October 19, 2010 with respect to the land of 1,709 square meters (hereinafter referred to as “the instant land”) that was sold to the Plaintiff on October 19, 201 after dividing it into the Plaintiff. < Amended by Act No. 43003, Oct. 19, 2010>
[Ground of recognition] Gap evidence Nos. 1 through 5, 10, 14, 15, Eul evidence Nos. 2 (including the number; hereinafter the same shall apply), the testimony of the witness of the first instance court H, and the purport of the whole pleadings
2. Determination on the main claim
A. According to the facts of the judgment on the cause of the claim, the defendant is obligated to pay the unpaid amount to the plaintiff out of the agreed amount of this case, and the plaintiff is the person to whom ownership of the land of this case was transferred instead of the payment of KRW 200 million out of the agreed amount of this case. Thus, the defendant is obligated to pay the remaining agreed amount of KRW 280 million (=1 billion - 520 billion - 200 million) to the plaintiff and damages for delay.
(b).